Bee Branch Creek Restoration_Eminent Domain of 1553 Maple StreetPreparers James A. O'Brien Suite 330 Harbor View Place Dubuque, IA 52001 (563) 583-41138550
RESOLUTION NO. 288 -09
AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS
FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY MILTON
SCHWARTZ AT 1553 MAPLE STREET IN DUBUQUE COUNTY, IOWA, FOR THE
BEE BRANCH CREEK RESTORATION PROJECT
WHEREAS, the City of Dubuque (City) intends to acquire real property for Bee
Branch Creek Restoration Project. The property, currently owned by Milton Schwartz
(Owner), is legally described as follows (the Property):
Northerly'/2 of Lot 289 in East Dubuque No. 2, an Addition in the City
of Dubuque, Iowa, according to the recorded plat thereof
and
WHEREAS, the City Council finds that there is a reasonable expectation the City
will be able to proceed with and complete the Bee Branch Creek Restoration Project,
comply with all applicable standards and obtain the necessary permits; and
WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with Owner to purchase the Property before proceeding with condemnation;
and
WHEREAS, City caused an appraisal of the Property to be made and the
appraised value of the Property is $62,000; and
WHEREAS, City has made an offer to purchase the Property for not less than its
fair market value; and
WHEREAS, City has been unable after good faith negotiations to reach an
agreement with Owner for the acquisition of the Property.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City Manager and the City Attorney are hereby authorized to
commence eminent domain proceedings for the acquisition of the Property and to take
such further action as may be necessary for the acquisition of the Property.
Passed, adopted and approved this 17th day of August , 2009.
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Roy . Buol, Mayor
Attest: '
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Jeanne F. Schneider, CMC, City Clerk
F:\USERS\tsteckle\O'Brien\Schwartz Milton-1553 Maple Street\ResolutionCommencingEminentDomain_072009.doc
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
.LAMES (TIM) A. O~BRIEN, ESQ.
ASSISTANT CITY ATTORNEY
To:
DATE:
RE:
Mayor Roy D. Buol and
Members of the City Council
August 10, 2009
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Bee Branch Creek Restoration Project
Milton Schwartz, Owner of 1553 Maple Street
As you will recall, the City Council at its May 18, 2009 City Council meeting authorized
the City Attorney to commence negotiations with Milton Schwartz, owner of the above-
referenced property for the purchase of the property at a purchase price not less than
the fair market value which the City Council established at $62,000.00, the appraised
value.
An offer to purchase the property for the appraised value was sent to the owner on May
20, 2009. To date, the owner rejected the offer, and a subsequent offer of $64,000.00.
Notice of a proposed resolution authorizing acquisition of the Schwartz property by
eminent domain was sent to Mr. Schwartz on July 21, 2009.
Enclosed is a resolution authorizing the commencement of eminent domain
proceedings to acquire the property.
I would request that the City Council adopt the resolution authorizing the
commencement of eminent domain proceedings to acquire the property.
Enclosure
cc: Michael C. Van Milligen, City Manager
Dave Harris, Housing & Community Development Director
Milton Schwartz
James A. Tranel, Esq.
F:(USERS\tstecklel0'Brien\Schwartz Milton-1553 Maple StreetVVlayorCouncil_ResolutionComEmDomain081709Meeting_081009.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3O0 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-8550 ! FAx (563) 583-1040 / EMAIL tiobrien@cityofdubuque.org
James (Tim) A. O'Brien, Esq. Ii3UbU U@
Assistant City Attorney
Suite 330, Harbor View Place
300 Main Street ~ '
Dubuque, Iowa 52001-6944 ~,
(563) 583-8550 office
(563)583-1040 fax
tiobrien@cityofdubuque.org 2U07
July 21, 2009
Milton Schwartz
1450 Maple Street
Dubuque, IA 52001
RE: Property at 1553 Maple Street
Dear Mr. Schwartz:
THE CITY OF
DUB E
Enclosed is a proposed resolution authorizing the commencement of eminent domain
proceedings for the acquisition of your property at 1553 Maple Street. The City is
required to provide you with a copy of this proposed resolution at least fourteen (14)
days prior to the date of the City Council meeting at which the proposed resolution will
be considered for adoption. The City Council will be asked to adopt the resolution at its
meeting on August 17, 2009.
Very sincerely,
"~--~
ies A. O'Brien, Esq.
istant City Attorney
JAO:tIs
Enclosure
cc: Michael C. Van Milligen, City Manager
David Harris, Housing & Community Development Director
James A. Tranel, Esq.
F:\USERS\tsteckle\O'Brien\Schwartz Milton-1553 Maple Street\Schwartz_ResolutioncommenceEmDomain_072t09.doc
NOTICE OF INTENT TO APPROVE ACQUISITION OF PROPERTY BY
EMINENT DOMAIN
To: Milton Schwartz
1450 Maple Street
Dubuque, IA 52001
You are hereby notified that the City Council of the City of Dubuque, Iowa will
meet on the 17 n day of August, 2009, at 6:30 o'clock p.m. at the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa, to consider the adoption of a
resolution, a copy of which is attached hereto, authorizing the City to acquire the
following property by eminent domain:
Northerly'/z of Lot 289 in East Dubuque No. 2, an Addition in
the City of Dubuque, Iowa, according to the recorded plat
thereof
You have the right to attend the meeting and to voice objection to the proposed
acquisition of the property.
Just as the law grants certain entities the right to acquire private property, you as
the owner of property have certain rights. You have the right to:
Receive just compensation for the taking of property. (Iowa Const., Article I,
Section 18)
An offer to purchase which may not be less than the lowest appraisal of the
fair market value of the property. (Iowa Code §§ 66.45, 66.54)
Receive a copy of the appraisal, if an appraisal is required, upon which the
acquiring agency's determination of just compensation is based not less than
10 days before being contacted by the acquiring agency's acquisition agent.
(Iowa Code §66.45)
When an appraisal is required, an opportunity to accompany at least one
appraiser of the acquiring agency who appraises your property. (Iowa Code
§ 68.54)
Participate in good faith negotiations with the acquiring agency before the
acquiring agency begins condemnation proceedings. (Iowa Code §66.3(1})
If you cannot agree on a purchase price with the acquiring agency, a
determination of just compensation by an impartial compensation commission
and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 66.7,
and 68.18)
A review by the compensation commission of the necessity for the
condemnation if your property is agricultural land being condemned for
industry; (Iowa Code § 6B.4A)
Payment of the agreed upon purchase price, or if condemned, a deposit of
the compensation commission award before you are required to surrender
possession of the property. (Iowa Code §§ 66.25, 66.54(11))
Reimbursement for expenses incidental to transferring title to the acquiring
agency. (Iowa Code §§ 66.33, 68.54(10))
Reimbursement of certain litigation expenses: (1) if the award of the
compensation commissioners exceeds 110 percent of the acquiring agency's
final offer before condemnation; and (2) if the award on appeal in court is
more than the compensation commissioner's award. (Iowa Code § 66.33)
At least 90 days written notice to vacate occupied property. (Iowa Code
§ 68.54(4))
Relocation services and payments, if you are eligible to receive them, and the
right to appeal your eligibility for and amount of payments. (Iowa Code
§ 316.9)
The rights set out in this Notice are not claimed to be a full and complete list or
explanation of an owner's rights under the law. They are derived from Iowa Code
Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights,
you should refer directly to the Iowa Code or contact an attorney of your choice.
Dated -~'~i~' ~,..~e~r'~,~
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J anne F. Schneider, City Clerk